SUKHDEV SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-defendants against the judgment and decree dated 30.05.2013 passed by the learned Additional District Judge, Sirsa, vide which the appeal filed by them against the judgment and decree dated 25.01.2013, passed by the learned Additional Civil Judge (Sr. Division), Mandi Dabwali, has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) The plaintiff-respondent has filed the suit for recovery of Rs. 3,54,000/- along with pendente lite and future interest at the rate of 12 % per annum by way of the sale of the mortgaged property i.e. land measuring 19 Kanals 7 Marlas detailed and described in the head note of the plaint situated in the revenue estate of Village Takhatmal, Tehsil and District Sirsa. As per the averments of the plaint, defendants had borrowed a sum of Rs. 1,50,000/- from the plaintiff and in consideration thereof, he mortgaged the aforesaid property as a security to repay the loan amount along with interest at the rate of 24% per annum. The mortgage deed without possession was executed and got registered at serial No. 1426 dated 25.02.1997 with the office of Sub-Registrar, Kalanwali in favour of the plaintiff. The plaintiff got issued the legal notice to the defendants to pay the loan amount, but of no avail. Hence, the suit.